You are not obligated to speak to anyone. In fact, you should have been informed of this fact when you were arrested. This is called informing you of your Miranda Rights or Mirandizing you:

• You have the right to remain silent.
• Anything you can and may be used against you in court.
• You have the right to an attorney.
• If you cannot afford an attorney, one will be appointed to you.

You may be tempted or persuaded to talk out of concern that staying silent or asking for an attorney will be construed as guilty behavior. They should respect your rights, and you should exercise them. Even if they attempt to overwhelm you with information, you can keep quiet and leave the rest to us. Our Las Vegas criminal defense lawyers can get started immediately on your defense.

Defense strategy in a Las Vegas court will depend on the type of crime and the circumstances surrounding it. As with all criminal cases, there is a presumption of innocence until guilt is proven through trial or a plea. The presumption of innocence is the basis of a not-guilty plea, in which your attorney will procure evidence and witnesses to build your case.

This is done to convince the jury that there is reasonable doubt about your guilt. It’s not enough for a jury to think that you did it; the evidence must be almost overwhelming.

If applicable, you and your lawyer could use the alibi defense. If the crime occurred at a certain time or place, you must provide evidence that you weren’t there. For example, if the crime happened between 9 p.m. and 11 p.m., but you were at a movie, a ticket stub or the receipt for your popcorn could absolve you of guilt.

Unless you have been arrested after already being released from prison or are currently serving a suspended sentence, you will likely be admitted to bail. Bail is a dollar amount necessary to be removed from prison after an arrest and is determined by the judge or magistrate. This release is temporary and usually made under the condition that you appear in court.

Bail is set based on:

• The nature of the offense you are accused of
• The severity of the offense you are accused of
• If the judge deems you likely to attempt to leave town or break the law again

A “bail algorithm” is used, which considers several other factors, such as age, health, criminal history, and record of failing to appear in court if one exists. This is done to avoid any accusation of bias against or toward the defendant.

The magistrate has the authority to set a bail amount as they see fit. A person arrested on drunk driving charges will have their bail determined by how far over the legal limit they were, whether they caused an accident and any injuries or not. Nevada state law predetermines the amount of bail for domestic violence or battery.

It depends on whether you saw a judge or magistrate and how long after the crime you were admitted:

• $3,000: If the person has no prior arrests, and there’s no reason to believe the battery caused significant bodily harm and is admitted less than 12 hours after the crime. If it’s been more than 12 hours: violating a restraining order, stalking, or harassment would also receive this bail amount.
• $5,000: If it’s been less than 12 hours: no previous convictions but the battery caused significant harm, or they have one prior conviction of domestic violence but didn’t cause significant harm. If it’s been more than 12 hours: previous conviction of violating a restraining order, stalking, or harassment.
• $15,000: If it’s been less than 12 hours: one previous conviction of domestic violence and they caused significant harm, or two previous battery convictions. More than 12 hours: two or more previous convictions of harassment, stalking, or violating a restraining order.

Many factors are considered when choosing whether to release someone without bail, such as whether conditions outside of prison will still prevent someone from attempting to flee, as well as employment history, criminal history, and mental state. If you fail to appear in court or commit a crime while on bail, then you will be held in prison.

No matter the crime for which you have been arrested, you are entitled to fair and just treatment under federal law. The American Civil Liberties Union (ACLU) outlines all the rights you as an inmate would have:

• Freedom of speech and religion: You still have the right to communicate with family and the outside world and send and receive mail. The latter is subject to the institution’s need to protect security, and assuming there is no security risk, it is not allowed to be confiscated.
• Medical and mental health care: All your needs in this regard must be met. Whether it’s something simple, such as asthma, and you need your inhaler or something that could be fatal if left unmedicated, you have a right to sustain your health.
• Cruel, inhumane, and degrading conditions: This pertains to many things. Overcrowding, violence or abuse, and mistreatment based on race, gender, or religion are against the law.

If you have been incarcerated and feel your rights in any regard have been violated, you can seek counsel from our Las Vegas criminal defense attorney. Constitutional rights are extended to all citizens no matter what, so if prison officers don’t afford these protections to you, then you have a right to a lawsuit.

When hiring an attorney for your criminal case, you can expect someone who will conduct their own investigation, speak up for your rights, and attempt to negotiate your charges.

Nonetheless, many attorney options are out there. To help you choose, be on the lookout for firms that:

• Have established track records
• Are you experienced in your kind of case
• Have positive client reviews
• Are accessible and easy to contact

You don’t want to be saddled with a team that keeps you in the dark or is unfamiliar with your specific type of case. For instance, if you are facing criminal charges while also dealing with immigration issues, having attorneys like ours who are versed in those areas could help balance those elements.

It depends on your charges. If you were charged with a misdemeanor in Las Vegas, it’s possible one of our criminal defense attorneys can appear in your place in court. By contrast, in most felony cases, you will need to appear in court in person.

This can make a difference if you are not from Nevada and are facing charges there while living elsewhere. For misdemeanor cases, we might be able to appear on your behalf so that you do not have to travel here for court.

Regardless of the charges you are facing, consulting an attorney who handles your type of case can provide you with essential information and an ally whose only focus is to improve your situation.

We offer:

• Insider knowledge of the system
• Established relationships within that system
• Negotiation possibilities
• Backup when faced with intimidation or frustration
• The chance to save time, money, and mental well-being

In other words, we know more than you; it’s our job. Our attorneys are aware of tactics police and prosecutors employ and have relationships with those in the system that can be used to your advantage. Moreover, we know how to negotiate and can do it on your behalf.

Everything we do on your behalf could save you stress, embarrassment, time, and funds.

What Types of Criminal Cases Do You Handle?

At De Castroverde Criminal & Immigration Lawyers, we can defend you against:

• Out-of-state DUI offenses
• Multiple DUI cases
• Underage DUI offenses
• Drug crimes
• Domestic violence cases

There is no set answer because each case is different. As you can see above, we represent several kinds of criminal cases, and there are variations within each of those categories as well. Lesser charges, like misdemeanors, may cost less in the end than felony charges. Facing multiple charges may also cost more.

Nonetheless, because you could be facing fines and jail time in Las Vegas for your charges, hiring a criminal defense lawyer can be a smart financial decision. Consider, for instance, that you could be facing your first DUI charge, a misdemeanor (NRS § 484C.400). The penalties could result in:

• Fines of $400 to $1,000
• Up to six months in jail
• Driving school
• License suspension for 185 days

That’s not the only cost. You will have to pay for public transportation or rideshares during the 185 days your license is suspended. The Nevada Department of Motor Vehicles (DMVNV) also lists a $120 fee for reinstating your license, as well as a $35 Victim Impact Fee. On top of all that, you will also have a misdemeanor on your record.

While the outcome of your case is not guaranteed, hiring a lawyer could save you money and stress in the long run.

Yes, hiring legal representation can help even if you plan to plead guilty. This is because we can handle the paperwork and process for you. Plus, we can potentially negotiate a deal. Remember, we know how this system works, including how to make it work better for you even if you plead guilty.

The main difference is severity. Misdemeanors are much less serious charges than felonies and typically come with less jail time and lower fines. Felonies, by contrast, tend to come with much harsher punishments when someone is convicted, including longer prison sentences.

There are different types of misdemeanors and felonies, sometimes called classes or categories. Class A is the highest level of severity, with punishments becoming less serious with each class (NRS § 193.130).

For example, let’s look at these different punishments for different drug offenses (NRS § 453.336):

• If you are found in possession of an ounce or less of marijuana, and it’s your first offense: Misdemeanor with a fine of no more than $600 and evaluation for drug abuse
• If you’re found in possession of a controlled substance, and it’s your first or second offense: Class E felony with up to four years in prison and up to a $5,000 fine
• If you’re found in possession of a controlled substance, and it’s your third offense or more: Class D felony, up to four years in prison, as well as a possible fine of $20,000

The substance in question may also change what level of charge(s) you face, as well as the possible punishment. We can offer you more personalized information when we can assess your case and discuss options for negotiating lesser charges.

An arraignment is a meeting in court when the judge states the criminal charges against you. Sometimes, bail is set at the arraignment if it hasn’t been set already. You will be asked if you understand the charges and then have the opportunity to enter your plea:

• Guilty
• Not guilty
• No contest

No contest means you aren’t admitting to the crime, but you’re willing to face the consequences of it. It is a way of avoiding a trial, as is pleading guilty.

Arraignments typically conclude with dates being set for hearings and trials.

Perhaps the most terrifying experience someone could have is to be accused of something they didn’t do, but you do have options to clear your name. One of our criminal defense attorneys can compile evidence for your innocence.

False accusations can happen because of:

• Deliberate false accusations
• Unreliable witnesses or accusers
• Misidentifications
• Faulty, misleading, or erroneous evidence

For example, some people accuse others of crimes out of revenge or to ruin their name. If a divorce gets particularly contentious, one spouse may decide to accuse the other of a crime, like domestic abuse or rape. In other cases, witness testimony could be false despite the witness’ sincere belief they are correct. Humans are fallible, and their actions can lead to situations like yours.

Indeed, the police can make mistakes, including mistaking a culprit for you. Likewise, faulty forensics, misleading evidence, and even clerical errors can lead you to be accused of a crime. There can also be intent behind it, with investigators deliberately manipulating a case or abusing their power.

Our legal team can not only defend you but also conduct an investigation and even explore options for filing a civil suit against the police and/or others who mishandled your case. Most importantly, don’t believe that hiring a lawyer means you will look guilty. Get help when you need it.

Not necessarily. Depending on how high your bail is set, you could pay it yourself without having to use a bail bondsman. However, if you don’t have enough money immediately on hand, a bondsman can post bail for you in exchange for a percentage of the bail amount, such as 10 percent.

However, just as bail is designed to encourage you to show up for your court dates to make sure you don’t forfeit the money, a bail bondsman will want collateral. For instance, you may use your home or car as collateral for the bail bond. If you don’t make your court date, the bail bondsman can keep the property.

For example, if your bond is set at $10,000, a bail bondsman can pay that amount in exchange for 10 percent, or $1,000. To cover the remaining $9,000, you may offer your car as collateral. If you show up at your court date, the bondsman gets their money back, your vehicle remains in your possession, and you have paid $1,000 instead of $10,000 to get out of jail.

Once your charges are filed in court, you attend your arraignment, enter a plea, and post bail, our team can take over preparing for your trial. We will keep you updated on any developments or changes, as well as advise you on how to behave in court.

Meanwhile, we’ll be busy compiling evidence, creating a plan of attack for our time in court, and working behind the scenes.

Maybe. It will depend on the charges, your plea, and whether we can make a deal to lessen your charges. You can rest assured that we will always pursue the path we think will benefit you most, whether your case goes to trial or not.